ROCKTON - Before a concealed carry permit is issued, the Illinois State Police will enter the applicant's name into a database accessible by law enforcement agencies who can view and object to the permit if they believe the applicant is a danger to themselves or the public.

The provision was written into the law to keep firearms out of the hands of individuals who may slip through the cracks, such as someone with a history of battery, intoxication, or suspected drug and gang involvement who was never convicted. Such a person will not show up on an ISP background check, which primarily checks for red flags in the form of felony convictions or admission to mental institutions.

While the provision seems innocuous enough, Rockton Village Trustee Pat Hoey said the village should consider "opting out" of the ISP agreement for liability reasons.

"Until the legislature spells out reasons to object, you open yourself up to a lawsuit," he said.

If a law enforcement agency objects to an individual receiving a concealed carry permit, that agency is on the hook for verifying all information in the permit application and assumes all risk associated with the issuance of the permit.

The Firearm Concealed Carry Act states: "By entering into this agreement, the participating agency agrees to assume, without limitation, all risks of loss, as well as any and all claims, actions, losses, expenses, and damages that may arise from the participating agency's use of and submission to ISP's FCCA Law Enforcement Objection Database."

Hoey, also a Rockford Police lieutenant, said the Rockford Police Department has its reservations about entering into the agreement.

He said each law enforcement agency also has to consider how labor-intensive it will be to vet every concealed carry application.

Rockton Deputy Police Chief Matt Hollinger, however, is still open to making use of the database.

"It's a learning process, and it's going to be for some time," he said of the permit process. "I believe the board wants to get the best information about it and what impact it will be on the village of Rockton."

Winnebago County Sheriff Dick Meyers also noted if an objection is filed, the matter would go before a state Firearms Concealed Carry Licensing Review Board, a seven-member body appointed by Gov. Pat Quinn. The board - a former judge, two former prosecutors, three former FBI agents and a psychiatry professor - has 30 days to conduct each review and decide whether the permit should be issued.

"You just can't object for the sake of objecting," Meyers said. "We would have to have some information that would be a disqualifer. This is an attempt to find those who fall through the cracks that the state should know about."

Page 2 of 2 - The Chicago Sun-Times reported earlier this week an objection filed by the Cook County Sheriff's Department to a concealed carry application submitted by a Latin King gang leader.

The gang leader's criminal background includes 12 arrests for charges such as aggravated assault, burglary and failure to register a firearm, but no convictions.

Another Cook County applicant was arrested 20 times over nine years for crimes that included resisting a peace officer and domestic battery. The man was found guilty of two misdemeanors, but such convictions don't prevent someone from obtaining a firearm owner's identification card, a pre-requisite to obtaining a concealed carry permit.

Winnebago County State's Attorney Joe Bruscato called the provision in the law "standard bill of fare."

"We have a duty as a law enforcement community to protect a community, not (worry about) whether or not we'll get sued.

"Right now, I think it's a good thing that law enforcement review the list. It's just an extra precaution built into the system."

Rockton officials are scheduled to discuss the matter at a village board administrative committee meeting Monday.